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ARGUMENT 


E.  H.  DERBY,  ESQ. 

IN  BEHALF  OF  THE 

OLD  COLONY  RAIL-ROAD  COMPANY, 

AT  A HEARING  OF  THE 

PETITION  OF  JOHN  M.  FORBES  AND  OTHERS, 

BEFORE 


THE  RAIL-ROAD  COMMITTEE 

OF  THE 

J&assatfjtisetts  Utrjtslatttre, 

BOSTON,  APRIL  7,  1 8 4 3. 


With  some  slight  Corrections  and  Additions. 


BOSTON  : 

DAVID  CLAPP,  PRINTER.. ..184  WASHINGTON  STREET. 
1848. 


)cm&®wtntva,TrS!?0  'SS/2. 


ARGUMENT. 


On  Friday,  April  7th,  Mr.  Derby  occupied  the  afternoon  in  a reply  to 
Mr.  Webster,  and  engaged  the  attention  of  the  Committee  and  of  a larger 
audience  than  usually  attend  such  hearings,  from  3J  to  6J,  P.  M. 

He  urged,  substantially,  as  follows — 

That  Mr.  Forbes  and  his  associates  sought  no  land  for  private  purposes, 
but  pursued  a public  enterprise.  They  asked  for  a charter  to  promote 
commerce ; for  a public  trust  for  the  public  benefit ; and  were  ready  to 
resign  it  at  once  to  an  existing  line ; and  no  one,  however  eminent,  could 
justly  charge  them  with  mercenary  views. 

That  the  course  of  Mr.  R.  B.  Forbes  was  far  from  inconsistent.  He 
had  last  year  asked  the  Legislature  not  to  occupy  these  flats  until  the 
Government  Chart  and  Survey  were  finished  ; that,  subsequently,  when 
these  were  finished  and  published,  and  Messrs.  Cary,  Borden  and  Lincoln, 
the  Commissioners,  had  recommended,  the  erection  of  a wall  and  of  soli 
structures  on  these  flats,  and  the  Mercantile  Committees  had  made  a 
similar  recommendation,  Mr.  Forbes  united  in  this  petition.  That,  now 
that  proper  light  was  shed  on  the  subject,  he  wished  to  improve  the  har- 
bor, and  dedicate  to  commerce  a waste  of  flats,  which  might  have  had  its 
uses  when  the  Indian  pursued  over  it,  in  his  birch  canoe,  the  seal  and  the 
otter,  and  other  amphibious  animals,  but  now,  a barrier  to  navigation, 
served  no  other  purpose  than  to  keep  South  Boston  at  a distance,  and 
to  poison  the  atmosphere  with  its  baneful  exhalations. 

That  no  one,  who  remembered  the  voyage  of  the  Jamestown,  or  the 
construction  of  a steamer  to  relieve  vessels  in  distress,  would  ascribe  inter- 
ested motives  to  Robert  Bennet  Forbes.  The  associates  of  Mr.  Forbes 
were  gentlemen  of  wealth,  station,  or  railroad  experience,  and  competent 
to  hold  the  charter  of  a railroad  ; and  when  Mr.  Webster  argued  they 
were  too  few,  and,  in  the  next  breath,  urged  the  petitioners  in  aid  were 
too  many,  his  argument  was  felo  de  se,  and  required  no  answer. 

That,  in  such  a case,  when  the  petition  had  been  discussed  for  weeks 
in  the  public  prints,  from  Boston  to  Cape  Cod,  in  public  meetings  before 
the  Mayor  and  Aldermen,  in  State  street  offices,  cars  and  omnibuses,  the 
petitioners  in  aid  were  entitled  to  respect ; and  when  four  Railroads,  four 
Counties,  twenty-seven  towns,  and  four  thousand  merchants  of  Boston, 
from  Commercial  wharf  to  Pearl  Street,  from  Tremont  Street  to  Long 
wharf,  have  sent  in  petitions,  in  nine  different  forms,  in  its  favor,  it  was 


h 35257 

$ 


4 


to  be  presumed  they  knew  what  they  were  about,  and  that,  in  these  halls 
where  the  right  of  petition  had  been  ever  held  sacred,  he  was  surprised 
that  any  advocate,  however  eminent,  would  venture  to  throw  the  leading 
merchants  of  Boston  under  the  table. 

They  would  have  their  legitimate  weight  with  the  Committee.  And 
if  it  was  easy  to  obtain  such  names,  how  happened  it,  that,  with  the  same 
effort  on  each  side,  7,200  had  appeared  in  aid,  and  but  182  against  the 
petition,  and  that  a part  of  the  latter  were  interested  in  East  Boston,  or 
the  Grand  Junction  Railroad,  and  feared  the  progress  of  South  Boston  ? 

It  was  not  because  the  opponents  of  our  measure  had  not  funds,  that 
they  had  failed  to  obtain  public  favor.  They  could,  as  was  usual  in 
desperate  cases , afford  to  retain  the  best  Orator  in  the  land,  and  so  might 
we,  if  we  had  required  his  assistance.  He  did  not  come  to  the  case  from 
pure  disinterested  philanthropy— -and  if,  like  Brennus,  he  threw  his-sword 
into  the  scale  of  justice,  he  expected  for  it,  like  him,  its  weight  in  gold. 

This  distinguished  gentleman  had  compared  the  Directors  of  the 
Old  Colony  Railroad  to  five  blackbirds,  who  had  nothing  to  do 
with  the  case ; but  Directors  always  apply  for  Branches,  and  make  plans 
for  their  Companies.  They  are  the  applicants  for  most  of  the  Bills 
reported  this  session,  and  if  the  Old  Colony  Directors  had  brought  up 
their  Stockholders,  he  would  doubtless  have  called  them  four-and-twenty 
blackbirds,  and  on  the  standard  authority  of  the  Nursery — quite  as  reliable 
as  the  Penny  Magazine — would  have  called  on  Commissioner  Lewis  to 
seal  them  down  with  pie-crust,  and  keep  them  from  singing  until  he  had 
pushed  the  Worcester  Railroad  through  East  Boston,  down  to  Bird 
Island. 

Mr.  Forbes  and  his  associates  asked  a new  Line  from  Dorchester  to 
Pearl  Street,  with  liberty  to  enclose  sixty-five  acres  of  flats,  bare  at  low 
Water,  between  Fore  Point  Channel  and  a line  one  hundred  rods  from 
South  Boston  shore.  These  were  within  the  lines  recommended  by 
successive  Boards  of  State  Commissioners.  The  whole  area  they  pro- 
posed to  fill  would  be  but  seventy-five  acres.  It  would  cost  the  Railroad 
but  fourteen  cents  per  yard  to  fill  this,  and  the  average  height  would  be 
but  ten  feet.  The  land  of  the  Old  Colony  Railroad,  in  the  Cove  and 
at  South  Boston,  had  cost  $550,000,  and  would  sell  at  a profit.  This, 
with  $250,000  more,  to  be  raised  from  surplus  land,  would  defray  the 
whole  cost,  and  little  or  no  new  capital  would  be  required. 

The  result  would  be,  that  the  Railroad  would  secure  a new  Passenger 
Depot,  at  the  foot  of  Pearl  Street,  2,000  feet  of  wharf  front,  and  an  area 
of  nearly  forty  acres,  near  Pearl  Street,  devoted  to  freight,  granite  and 
lumber  yards,  and  depot  buildings,  and  would  have  opened  a new  Avenue, 
100  feet  wide,  extending  from  Pearl  Street  to  South  Boston.  On  this 
great  Avenue,  no  structure  except  of  brick  or  stone,  should  be  erected. 
Other  benefits  to  the  public  would  follow.  Four  Counties — Norfolk, 
Plymouth,  Bristol,  and  Barnstable — on  five  lines  of  Railroad,  would  be 
moved  virtually  five  miles  nearer  to  State  Street. 

The  tracks,  which  now  cross  four  thoroughfares  at  grade,  in  Boston, 
would  pass  under  all  streets  on  the  line  proposed.  An  hourly  or  half- 


hourly  car  would  run  between  South  Boston  and  Boston,  for  three  coppers 
a ticket — and  2500  passengers  a day  be  conveyed,  as  on  the  East  Boston 
ferry.  And  if  the  Roxbury  Branch  be  constructed,  the  annual  travel 
would  exceed  2,000,000  of  passengers.  Fore  Point  Channel  would  be 
widened — its  outer  point,  on  which  vessels  are  now  often  stranded,  would 
be  cut  off,  as  recommended  by  the  Commissioners — and  all  this  would 
benefit  Boston  harbor. 

Mr.  Webster  had  said,  we  should  excavate  the  flats  which  we  seek  to 
occupy  east  of  Fore  Point  Channel,  but  the  four  Boards  of  Commissioners 
appointed  between  1835  and  1847,  do  not  recommend  the  measure.  It 
springs  from  the  fertile  brain  of  I\lr.  Lewis,  the  President  of  the  Grand 
Junction.  It  has  no  merit  except  what  it  derives  from  the  trumpet  tongue 
of  Mr.  Webster.  He  has  cried,  “Excavate!  excavate!”  “Dig  out! 
dig  out!” — these  flats!  But  for  what  useful  purpose?  We  require 
wharves  and  Railroad  Depots  in  deep  water,  and  near  the  centre  of 
business,  and  have  harbor-room  enough  without  them  ! 

When  we  are  asked,  what  Boston  would  be  without  its  harbor  ?— 
I reply,  What  will  its  harbor  be,  if  its  islands  and  waste  lands  are  per- 
mitted to  run  into  its  channels,  and  no  efforts  are  made  to  wall  and  secure 
them  ? And  of  what  use  would  our  harbor  be,  without  wharves  or 
landing-places,  even  though  we  should  excavate  the  highlands  of  Rox- 
bury— or  “ dig  out  ” the  old  Mill  Pond  and  Mill  Creek — and  throw 
down  our  Market  House,  and  restore  to  the  sea  her  old  dominion  ! 

Boston  has  grown  by  her  enterprise  not  less  than  by  her  prudence. 
Her  forecast  and  preparation  have  enabled  her  to  meet  the  necessity  of 
the  times,  and  a policy  has  ever  been  adopted  in  this  Commonwealth, 
calculated  to  encourage  trade  and  foster  commerce — and  for  this  end, 
yearly,  wharves  have  been  licensed  and  landings  have  been  made. 
Chief  Justice  Shaw  has  said,  in  one  of  his  decisions,  that  such  a course 
“ seems  to  have  best  suited  the  views  of  policy  and  expediency  of  the 
colonists  here.”  Well  may  this  be  said,  for  every  facility  reduces  the 
cost  of  transportation,  and  every  reduction  of  cost  of  transportation  is  felt, 
as  far  as  the  article  to  be  transported  comes  or  goes.  Aye — the  farmer 
of  Berkshire,  not  less  than  the  builder  in  Boston,  counts  the  cost  of  his 
wharfage,  and  looks  for  the  accommodations  adapted  to  his  wants.  Shall 
no  provision,  then,  be  made  for  the  future  ? Can  no  further  accommo- 
dations be  rendered,  without  danger  to  our  harbor  ? 

The  harbor  of  Boston,  within  the  Light,  extends  from  Chelsea  Hos- 
pital to  Hingham,  a distance  of  fourteen  miles,  and  is,  in  many  places, 
from  four  to  six  miles  wide.  It  embraces  at  least  forty  square  miles  of 
surface.  It  would  hold  the  shipping  of  the  world  five  times  told.  England 
and  the  U.  States  owned  but  six  millions  of  tons,  the  rest  of  the  world  still 
less,  in  all  not  ten  millions.  What  space  would  hold  them  ? A single 
acre  of  dock  contains  five  thousand  tons  ; a square  mile,  three  millions  ; 
and  four  square  miles,  twelve  millions  of  tons.  Is  the  navigation  of  the 
commercial  world  to  increase  five  fold,  and  .all  to  come  to  this  port  at 
once  ? Will  not  London  and  Liverpool,  and  the  residue  of  the  globe, 
absorb  some  portion  1 


6 


The  business  of  London,  the  modern  centre  of  commerce,  exceeds 
that  of  Boston,  and  what  are  the  dimensions  of  its  Portl  Less  than 
300  acres  of  dock,  with  the  Thames  but  692  feet  wide  at  London 
Bridge,  less  than  the  width  of  Fore  Point  Channel  when  our  Structure 
is  finished. 

What  is  the  capacity  of  the  Port  of  Liverpool,  the  modern  rival  of 
London  ? A river  dry  and  deserted  at  low  tide,  with  less  than  two 
square  miles  of  dock.  Does  the  trade  of  Boston  exceed  that  of  Liver- 
pool ? 

But  if  a useful  basin  must  be  excavated  in  which  to  diffuse  the  waters 
that  scour  our  harbor  to  please  the  President  of  the  Grand  Junction , will 
the  Government  of  the  United  States  do  it  ? Their  officers  do  not  ap- 
prove the  measure.  Will  the  State  do  it  ? Its  commissioners  recom- 
mend the  contrary.  Or  will  the  Grand  Junction  road  and  East  Boston 
combine  to  do  it  ? It  is  for  their  benefit  alone.  South  Boston  will 
never  engage  in  so  rash  and  preposterous  a project,  or  sever  herself  for- 
ever from  the  centre  of  business.  The  State  has  already  incurred  an 
expense  of  nearly  twenty  thousand  dollars  in  five  commissions  to  ex- 
amine Boston  Harbor,  and  three  charts  have  been  reported.  Why  waste 
more  money  on  commissions  ? The  gentlemen  thus  far  selected  have 
been  able , enlightened,  and  impartial  men.  Col.  Loammi  Baldwin, 
who  built  the  dry  dock  at  Charlestown;  Col.  Thayer,  of  West  Point, 
who  erected  fort  Warren,  a distinguished  government  officer ; James  Hay- 
ward, the  Engineer  of  the  Boston  and  Maine  and  of  the  Ogdensburg 
Railroads;  James  F.  Baldwin,  of  the  Water  Works;  Gen.  Dearborn,  the 
Mayor  of  Roxbury,  who  heads  a petition  in  our  aid  from  Roxbury  ; Mr. 
Borden,  who  made  the  State  Map,  and  testifies  as  a witness  in  our  favor; 
Messrs.  Eddy,  Lincoln,  and  Cary,  gentlemen  entitled  to  public  confi- 
dence. The  United  States  officers  of  the  coast  survey  have  also  aided, 
and  the  lines  of  all  these  commissioners  point  to  the  enclosure  of  these 
flats,  and  most  of  them  have  in  distinct  and  positive  terms  recommended 
a solid  wall  or  an  inclosure.  The  survey  and  chart  of  last  year  are  de- 
cisive of  the  question.  Mr.  Lincoln,  now  associated  with  Mr.  Lewis  in 
making  a chart  of  the  outer  harbor,  is  an  advocate  for  an  inclosure,  and 
has  seen  no  reason  to  modify  the  recommendations  of  his  Report. 

Capt.  Beals,  of  the  Mayflower,  whose  direct  course  from  Liverpool 
wharf  to  Bingham  is  across  these  flats,  and  whose  steamer  draws  but  six 
feet  water,  tells  you  they  are  useless  for  navigation.  The  eel  grass  im- 
pedes the  steamer  even  at  high  water,  and  he  prefers  the  circuit  by  the 
channel,  and  all  the  pilots  and  Quincy  lightermen  concur  in  the  opinion. 
Why  then  should  the  doubts  of  Mr.  Lewis,  alive  only  to  the  interests  of 
the  Grand  Junction,  or  the  scruples  of  a few  gentlemen,  generally  a little 
behind  the  age,  or  engaged  in  rival  projects,  or  opposed  to  bridges  below 
their  estates,  deter  you  from  a vast  public  improvement  ? 

Nor  let  us  forget  that  some  of  the  leading  remonstrants,  Messrs.  Pren- 
tiss, Drake  and  others,  who  now  fancy  our  improvements  may  injure  the 
harbor,  last  year  entertained  a very  different  opinion,  and  petitioned  the 
Legislature  to  grant  them  the  same  privileges.  While  the  City  of  Boston 


7 


and  the  Marine  Society  have  in  past  years  asked  permission  of  the  State 
to  erect  solid  structures  along  the  eastern  margin  of  Fore  Point  Channel. 

There  will  always  be  some  doubters  and  some  adverse  interests  to  op- 
pose great  enterprises ; the  wonder  is,  we  find  so  much  unanimity  in  our 
favor.  The  objections  to  bridges  are  fast  dying  away.  Bridges  raise  the 
value  of  property  wherever  they  go,  and  many  wharf  owners  above  us 
favor  our  enterprise.  Contrast  Causeway  Street,  on  the  north  side  of 
Boston,  above  three  bridges,  with  Broad  Street  on  the  southeast  side  on 
an  open  channel,  and  observe  the  lots  above  bridges  on  the  one  worth 
twice  as  much  as  those  below  on  the  other.  Let  me  ask  you,  too,  while 
Portland  and  Portsmouth,  with  narrow  harbors,  are  aiming  by  short  cuts 
to  divert  our  northern  trade,  is  it  politic  for  Boston  to  bury  her  active 
» capital  in  useless  excavations,  or  in  cutting  down  rocky  and  broken  hills 
to  accommodate  her  railroads  ? Are  there  not  at  this  moment  better  uses 
for  her  capital  ? But  Mr.  Webster  cites  the  Penny  Magazine  to  show 
that  old  Boston  in  England,  once  a great  seaport,  was  destroyed  by  the 
ruin  of  its  harbor.  History  tells  us  a different  story.  Situate  five 
miles  from  the  sea,  on  the  Witham,  a small  stream  but  87  feet  wide  at 
the  City  Bridge,  about  the  size  of  the  Mystic  at  Medford,  it  enjoyed  a 
moderate  commerce  in  the  day  of  small  ships.  It  was  accessible  to  ves- 
sels drawing  twelve  feet  water.  But  it  fell  behind  other  ports  as  vessels 
increased  in  tonnage.  It  had  other  misfortunes  ; it  was  overwhelmed  by 
the  sea  in  a great  inundation,  a,fter  having  been  burnt  to  the  ground  by  a 
desolating  fire.  The  fens  of  Lincolnshire  around  it,  overflowed  by  the 
ocean,  gave  out  their  poisonous  exhalations,  as  do  these  flats  in  front  of 
our  city.  A wasting  pestilence  followed  ; the  city  became  almost  a desert. 
Then  came  improvement.  The  Holland  fens  were  drained.  The  neg- 
lected river  was  confined,  and  improved  by  a sea  wall  and  a cut  such  as 
we  propose.  The  fens  have  become  a region  of  fertility,  the  granary  of 
England.  Ships  and  commerce  are  returning.  Three  railroads,  with  the 
railway  king  at  their  head,  are  seeking  access  to  the  port,  and  there  are 
now  few  seaports  in  England  whose  progress  is  more  rapid  or  prospects 
more  encouraging  than  those  of  the  old  city  of  Boston. 

It  has  been  said,  too,  in  past  time,  that  the  flats  we  purpose  to  occupy 
were  the  public  domain;  but  Mr.  Webster  scouts  that  idea  and  abandons 
that  view  of  the  case.  While  the  Commonwealth  holds  it  in  control,  the 
equitable  title  is  in  the  owners  of  the  shore,  and  it  has  ever  been  the 
policy  of  England,  America,  and  of  every  enlightened  nation,  to  allow 
them  to  extend  into  deep  waters,  to  build  piers  and  wharves  for  commerce. 

“ The  object  of  the  ordinance  of  1641,”  (says  Ch.  J.  Shaw.  1 Mete. 
R.  108,)  “ from  which  the  right  to  flats  originated,  was  to  give  to  propri- 
etors of  land  adjoining  on  the  sea  convenient  wharf  'privileges , to  enjoy 
which  to  the  best  advantage  it  is  often  necessary  to  extend  their  wharves 
to  low  water  mark,  at  such  times  as  the  tide  ebbs  the  lowest.” 

The  equitable  title  to  the  soil  extends  to  the  channel,  subject  to  the 
proviso  that  none  shall  go  beyond  one  hundred  rods,  or  low  water  mark, 
without  a license  from  the  State  ; but  when  has  that  license  been  with- 
held, when  urged  for  public  improvement  ? Every  wharf  in  every  harbor 


3 


of  our  State,  from  the  Merrimack  to  Fall  River,  which  extends  one  foot 
beyond  low  water  mark  (and  nearly  all  do  so),  enters  what  has  been 
called  the  public  domain,  and  passes  the  line  of  the  ordinance  of  1641  ; and 
hundreds  of  stores  now  stand  and  are  owned  by  individuals  beyond  such 
limit.  The  Long  Wharf,  Central  Wharf,  T Wharf,  and  South  Wharves, 
of  Boston,  the  Island  Wharf  of  the  Boston  & Maine  Railroad,  and  the 
Derby  Wharf  of  Salem,  extend  far  beyond  the  line  of  one  hundred  rods 
into  the  channel  ; and  the  State  has  never  ventured  to  assert  that  it  can 
place  any  impediment  between  the  man  bounded  on  the  sea  and  the  sea 
itself,  unless  it  be  a bridge  or  a railroad. 

Your  Commissioners,  Messrs.  Borden,  Lincoln  and  Carey,  have  dis- 
tinctly reported  the  State  has  no  pecuniary  interest  in  the  property  in 
question.  The  law  is  clearly  stated  in  the  eighth  chapter  of  Angel  on 
Tide  Waters,  and  the  State  has  no  connection  with  the  question,  except 
as  guardian  and  trustee.  (See  Angel  on  Tide  Waters,  pages  134  and 
161.)  It  holds  the  soil  lor  the  benefit  of  others.  It  has  power  to  pro- 
tect the  interests  of  navigation,  and  when  it  will  promote  these  to  inclose 
flats,  and  the  shore  owners  consent,  as  in  this  case,  it  becomes  the  duty  of 
the  State  to  sanction  the  inclosure,  and  to  permit  the  shore  owners  to 
extend  down  to  the  avenue  we  propose  to  open,  and  build  the  sea  wall 
recommended  by  your  commissioners.  They  will  then  occupy  less  than 
sixty  acres  outside  the  line  of  1641.  What  the  harbor  requires  is  the 
preservation  of  its  islands,  the  barriers  against  the  Atlantic.  The  waves 
of  the  ocean,  and  the  ravages  of  men  more  reckless  than  the  sea  itself, 
are  fast  wearing  them  away.  Mr.  Wilson,  the  oldest  pilot  in  the  harbor, 
who  commends  our  enterprise  in  the  strongest  terms,  assures  you  that  in 
a few  years  the  ocean  will  break  through  these  barriers,  and  make  Boston 
an  open  roadstead. 

He  described  to  you  the  masts,  like  a cedar  swamp,  at  Gallup’s  Islands, 
the  masts  of  lighters  loading  with  ballast,  he  had  passed  that  morning  as  he 
came  up  the  harbor,  and  told  you,  almost  with  tears  in  his  eyes,  that  two 
stones  should  be  laid  down  for  each  one  they  bore  away.  Boston  is  now 
actually  exporting,  as  ballast,  the  defences  of  the  harbor.  And  what  is 
the  power  of  our  Railroad  to  protect  the  harbor  ? It  can  bear  to  deep 
water,  at  half  price,  or  thirty-five  cents  per  ton,  the  200,000  tons  of 
stone  yearly  quarried  at  Quincy.  There  repose,  in  immense  piles,  the 
accumulations  of  years,  millions  of  tons  of  waste  granite  and  chips,  well 
suited  for  cellars,  breakwaters,  walls  and  pavements — admirable  ballast. 
Like  the  Ice  road  at  Charlestown,  which  now  furnishes  annually  50,000 
to  100,000  tons  of  profitable  ballast  to  mitigate  the  heat  .of  Southern 
climates,  we  will  furnish  a valuable  ballast,  so  cheap  that  the  spoiler 
cannot  afford  to  rob  the  islands  of  our  harbor.  Is  not  this  a more  effectual 
safeguard  than  the  lifeless  letters  inscribed  on  your  statute  book  ? 

This  granite  is  now  dear,  because  it  pays,  on  an  average,  seventy  cents 
per  ton  to  reach  Boston,  and  can  find  no  landing-place  at  deep  water, 
except  at  exorbitant  rents.  The  quarries  of  Quincy  now  require  at  least 
ten  acres  of  room  in  Boston,  for  their  granite,  in  the  varied  forms  which 
it  assumes,  and  we  can  furnish  them  in  the  immediate  vicinity  of  the 


9 


streets  where  granite  structures  are  to  rise.  But  our  great  Senator  thinks 
these  yards  are  entirely  unnecessary.  Are  our  Quincy  quarrymen  so 
unwise  as  to  pay  a rent  of  $4,000  per  acre,  in  this  city,  for  land  they  do 
not  want  ? — and  they  now  pay  it — and  do  not  these  practical  men  un- 
derstand the  exigencies  of  their  business  as  well  as  a gentleman  who 
divides  his  valuable  time  between  Marshfield  and  Washington  ? This 
you  will  determine. 

The  Old  Colony  Road  began  in  weakness — its  resources  are  increas- 
t ing  ; other  lines  now  enter  it  and  demand  accommodation.  Its  business 
increases  in  the  ratio  of  sixty  per  cent.  ; it  is  confined  in  narrow  limits. 
Vessels  are  excluded  from  wharves  which  admit  but  two  at  a time,  and 
its  customers  are  complaining  it  cannot  accommodate  the  granite. 

1 With  proper  facilities,  it  can  double  the  amount  transported.  Let  the 
granite  rise  to  400,000  tons  a year,  it  would  save  $140,000  annually, 
to  the  public,  and  realize  besides  a profit  of  $60,000  to  the  Railroad. 

Would  not  the  $200,000  thus  annually  saved,  pay  for  removing  a 
little  silt  or  sand  which  should  be  deposited  any  where  below,  when  it 
can  be  removed  from  deep  water  by  the  steam  excavator,  at  37 £ cents 
per  cubic  yard  ? But  remember  that  none  of  your  Commissioners  but 
Mr.  Lewis  dread  such  possible  deposit,  and  how  far  is  his  judgment  to 
be  relied  upon  ? He  has,  with  the  aid  of  the  Engineer  of  the  Grand 
Junction,  computed  how  much  our  enterprise  is  to  cost,  and  mark  the 
influence  of  that  planet  of  the  east  on  Mr.  Lewis,  when  thus  diverging 
from  its  orbit.  First,  he  assumes  that  we  propose  to  fill  800  acres,  while 
we  suggest  but  75.  He  adds,  thus,  the  moderate  amount  of  1100  per 
cent,  to  the  quantity  we  are  to  fill.  Then  our  filling  is  but  ten  to  eleven 
feet  deep,  and  he  calls  it  fifteen  feet,  and  thus  adds  about  400  per  cent, 
more.  Our  engineer  and  contractor  rate  the  cost  at  less  than  fourteen 
cents  per  yard.  This  Commissioner  calls  it  twenty-eight,  and  thus  adds 
1500  per  cent,  more  to  the  original  amount ; and  then,  when  we  can  do 
it  with  ease  in  two  to  four  years,  he  assumes  twenty  to  forty  as  the 
period,  and  charges  us  with  interest,  to  swell  the  aggregate. 

And  this  tissue  of  absurdities  is  first  published  in  the  Herald,  in  the 
shape  of  an  attack  on  the  Old  Colony  line,  a week  before  Mr.  Lewis  testi- 
fies, and  then  is  heralded  forth  upon  the  stand,  then  again  from  the  lips 
of  Mr.  Webster,  and  is  doubtless  to  be  printed  in  his  reported  address  for 
gratuitous  distribution  among  the  members  of  the  legislature. 

Why,  Mr.  Lewis  tells  you  that  the  whole  capacity  of  the  Old  Colony 
Railroad  will  be  barely  equal  to  bring  550,000  yards  of  gravel,  or  700,000 
tons,  yearly,  six  miles  to  Boston.  How  accurate  and  cautious  a witness 
is  this  President  of  the  Grand  Junction  and  State  Commissioner,  and  how 
much  does  he  reduce  the  capacity  of  our  railroad,  when  I have  proved 
to  you  the  Reading  road  last  year  carried  1,700,000  tons  100  miles,  and 
the  Newcastle  and  Berwick  line  carried  in  one  half  year  1,400,000 
tons  and  1,700,000  passengers.  And  cannot  our  railroads  carry  as 
much  ? Can  we  place  implicit  confidence  in  any  chart  of  the  lower 
harbor  prepared  by  so  accurate  a gentleman?  and  how  long  will  it  take 
him  to  determine  all  the  courses  and  soundings  from  Nicks’s  Mate  to  Calf 
2 


10 


Island,  while  he  divides  his  attention  between  the  Grand  Junction  and 
the  Flats  at  South  Boston  ? 

You  have  the  Reports  of  your  Commissioners,  the  evidence  of  Pilots, 
Navigators  and  Wharfingers,  long  conversant  with  our  port.  They  con- 
cur in  the  belief  that  our  improvement  will  benefit  the  harbor  and  navi- 
gation. Had  the  State  an  interest  it  would  be  richly  compensated  by 
the  great  avenue  and  bridge  we  dedicate  to  the  public,  worth  at  least 
$200,000,  in  the  widening  of  the  channel,  in  the  taxable  property  we 
create,  and  the  benefits  we  confer  on  this  metropolis  and  four  great  coun- 
ties. Should  any  loss  attend  our  enterprise,  it  devolves  on  us  ; but  should 
any  profit  accrue,  you  will  remember  the  State  will  enjoy  it.  You  limit 
our  dividends  and  reserve  the  right  of  reducing  tolls  and  of  purchase. 
It  follows,  then,  that  either  by  reducing  rates  or  by  an  outright  purchase  ' 
you  will  secure  or  participate  largely  in  any  profit  we  may  realize.  The 
Old  Colony  Railroad  Company  are  now  ready  to  lay  a double  track. 
We  wish  to  know  where  to  lay  it.  The  Worcester  and  Western  Rail- 
roads will  require  all  the  room  we  vacate  in  the  Cove,  and  will  benefit  by 
our  departure.  Each  party  should  have  at  least  forty  acres  for  depots. 
We  are  preparing  to  move,  and  trust  you  will  give  a right  direction  to  our 
movement. 


Note.  The  following  extracts  from  the  Reports  of  the  several  Boards 
of  Commissioners  appointed  by  the  State,  were  made  in  the  course  of  the 
above  argument,  and  have  an  important  bearing  on  the  questions  dis- 
cussed. 


EXTRACTS  FROM  REPORTS. 


Extracts  from  the  Report  of  Messrs.  L.  Baldwin , S.  Thayer  and  J.  Hay- 
ward, Commissioners  in  the  survey  of  Boston  Harbor,  appointed  under 
a Resolve  of  March  5th,  1835. 

Senate  Document,  No.  47,  for  1837. 

[Page  12,  Section  13.]  The  line  defined  “ on  the  south  and  south-east 
side  of  the  Fore  Point  Channel,  commences  at  the  east  end  of  the  south 
abutment  of  said  Free  Bridge,  and  extends  easterly  520  feet  straight,  so  as 
to  form  an  angle  with  said  bridge  of  75  degrees.  From  this  point  the  line 
is  straight  in  a south-easterly  direction  2,000  feet,  in  such  position  that  if 
it  be  continued  straight,  it  shall  not  approach  within  600  feet  of  Arch 
Wharf.” 

[P.  28,  Sec.  19.]  “ From  the  south  abutment  of  the  bridge,  we  have,  upon 
careful  examination,  placed  the  line  as  before  described,  on  the  south  and 
south-east  side  of  Fore  Point  Channel,  and  if  the  flats  here  are  filled  up 
above  high  water  in  the  direction  marked  on  the  plan  from  South  Boston, 
the  flood  tides  from  towards  Fore  Point  Corner,  nearly  opposite  India  Wharf, 
will  all  be  forced  into  the  channel,  and  the  ebb  tides  returning  must  take  the 
same  course,  and  act  as  a scouring  current  to  wash  out  the  channel  and 
preserve  its  depth.” 


Extracts  from  Reports  of  H.  A.  S.  Dearborn,  J.  F.  Baldwin,  and  Caleb 
Eddy,  Commissioners  to  fix  the  lines  of  Boston  Harbor,  under  the  Resolve 
of  April  9,  1839. 

Senate  Document,  No.  8,  for  1840. 

[Page  27.]  “ The  line  on  the  south  and  south-east  side  of  Fore  Point 

Channel  commences  at  the  east  end  of  the  south  abutment  of  said  Free 
Bridge,  and  extends  easterly  520  feet  straight,  so  as  to  form  an  angle  with 
said  bridge  of  75  degrees.  From  this  point  the  line  is  straight  in  a north- 
erly direction,  in  such  position  that  if  it  is  continued  straight  it  shall  not 
approach  within  600  feet  of  Arch  Wharf.” 

[Page  26.]  “ As  no  request  was  made  by  the  owners  of  water  lots  in 

South  Boston  to  vary  the  line  which  was  delineated  on  the  original  plan, 


12 


and  there  not  appearing  any  reasons  of  a public  nature  which  required  a 
change  in  its  direction,  it  was  concluded  to  have  it  as  thus  established.” 


Extract  from  the  Report  of  James  Hayward  and  Ezra  Lincoln,  Jr.,  Com- 
missioners appointed  to  survey  South  Bay,  and  other  portions  of  the 
Harbor,  under  a Resolve  of  March  12th,  1845. 

Senate  Documents  for  1846,  No.  64. 

[Page  4.]  “ If  the  flats  east  of  Fore  or  Fort  Point  Channel  were  placed 

in  the  custody  of  some  responsible  agency,  to  be  filled  up  or  otherwise  dis- 
posed of,  with  an  intelligent  view  to  the  improvement  of  commercial  accom- 
modation in  the  port  of  Boston,  there  is  no  doubt  they  can  be  so  disposed 
of  as  that  the  entire  extinction  of  South  Bay,  as  a part  of  the  scouring 
apparatus  of  the  main  channel,  would  be  no  detriment  to  the  harbor.  The 
true  principle  is  to  preserve  a proper  balance  between  the  capacity  of  the 
channel  and  the  area  of  the  tidal  rivers  and  bay  above,  to  be  filled  and 
emptied  twice  every  twenty-four  hours  through  this  channel.” 


Extracts  from  the  Reports  of  Thomas  G.  Cary,  Simeon  Borden,  and  Ezra 
Lincoln,  Jr.,  Commissioners  appointed  under  a Resolve  of  April  1 6th, 
1846,  to  examine  the  position  of  the  Flats  in  the  Harbor  of  Boston,  be- 
tween South  Boston  and  the  Channel,  and  lying  opposite  the  tvharves  on 
Sea  and  Broad  Streets , accompanied  by  a plan  of  the  inner  Harbor  of 
Boston , executed  by  the  United  States  Coast  Survey  for  the  Commission- 
ers. 

Senate  Document  for  1847,  No.  25. 

[Page  4.]  “ The  flats  in  question  lie  below  the  city.  The  water  that 

covers  them  aids  in  no  such  scouring  process ; that  process  is  in  effect 
somewhat  diminished  in  its  effect  by  suffering  a portion  of  the  water  that 
daily  ascends  as  a supply  to  the  upper  basins  to  flow  over  so  wide  a sur- 
face instead  of  confining  its  passage  to  the  channels.  This  opinion  is  cor- 
roborated by  the  observations  of  Lieut.  Charles  H.  Davis,  the  officer  at  the 
head  of  the  hydrographical  party,  by  whom  the  data  for  the  chart  accom- 
panying this  report  was  furnished.  The  Commissioners  are  therefore  of 
opinion  that  no  evil  would  ensue  from  giving  permission  to  build  any  solid 
structures  on  these  flats,  that  may  be  required  for  commercial  purposes.” 

[Page  6.]  “ In  regard  to  the  lower  harbor,  the  quantity  of  water  that 

enters  to  cover  this  shoal  of  flats,  entensive  as  it  is,  is  scarcely  appreciable 
when  considered  in  relation  to  the  great  flood  that  approaches  from  the  sea 
to  fill  the  harbor  at  every  tide,  and  in  the  opinion  of  the  Commissioners 
the  inclosure  can  produce  no  effect  on  the  outer  channel  in  any  way.” 


13 


[Page  10.]  “ The  unfavorable  changes  that  are  going  on  in  the  harbor 

are  not  of  a nature  to  be  affected  by  any  new  structure  that  may  be  erected 
on  the  flats  lying  in  front  of  South  Boston,  the  outward  changes  having 
been  produced  solely  by  causes  that  have  arisen  in  the  lower  harbor  itself. 
Thejf  believe  these  causes,  however,  to  demand  serious  and  early  attention, 
beginning  as  they  appear  to  do  with  the  waste  of  headlands,  on  which  the 
security  of  our  harbor  depends,  and  requiring  only  suitable  defences  and 
short  breakwaters  to  preserve  the  channel.” 

This  Report  bears  date  Feb.  2d,  1847. 


Extract  from  the  Report  of  the  Committee  on  Mercantile  Affairs  and 
Insurance , to  whom  was  referred  the  petition  of  B.  V.  French  and  others , 
for  a grant  of  certain  flats  lying  opposite  to  their  wharves  on  Sea  Street , 
and  between  South  Boston  and  the  Channel , and  to  ivhom  was  referred 
the  petition  of  the  City  of  Boston  praying  for  a grant  of  the  same  flats. 
March  6,  1846. 

Senate  Document  for  1846,  No.  59. 

“ While  individuals  would,  no  doubt,  offer  large  sums  to  obtain  the  con- 
trol of  these  flats,  as  they  would  for  that  of  a vast  extent  of  other  property 
resting  in  the  Commonwealth,  which  lies  between  the  limit  of  private 
right,  near  low  water  mark,  and  the  channels  of  harbors ; all  such  pro- 
perty seems,  in  truth,  to  be  held  in  trust  for  the  whole  country.  It  is 
withheld  from  the  individuals  on  whose  land  it  borders,  solely  for  the  se- 
curity of  navigation.  If  it  be  unnecessary  for  that,  they  seem  to  have  the 
next  and  best  right  to  it  unburthened  by  payment,  and  as  an  appurtenance 
to  the  neighboring  soil.  If  it  be  required  for  the  purpose  mentioned,  then 
the  interests  of  the  public  seem  to  demand  that  it  should  be  used  in  such 
manner  as  will  be  most  widely  beneficial  to  commerce  ; and  that  it  should, 
in  no  case,  be  made  the  subject  of  sale  for  pecuniary  consideration,  which 
must  in  some  shape  become  a burden  imposed  on  navigation. 


Senate  Document,  No.  64,  1846,  page  12. 

“We  beg  leave  to  suggest  a few  considerations  touching  the  main  chan- 
nel itself.  This  channel  commences  at  the  junction  of  Charles  and  Mystic 
rivers,  opposite  the  Navy  Yard,  and  extends  southeasterly  about  3 1-2 
miles,  opening  into  the  lower  harbor  between  Fort  Independence  and  Fort 
Warren.  From  its  mouth  between  these  two  islands,  to  the  Cunard 
Wharf  this  channel  is  very  straight,  and  of  a clear  width  of  3,000  feett 
Before  the  extension  of  the  wharves  at  East  Boston,  the  width  of  this  chan- 
nel in  its  narrowest  point  was  about  1,700  feet.  It  has  been  considerably 
curtailed  by  the  extension  of  wharves  and  other  fixtures,  particularly  at 
East  Boston.  The  Commissioners  would  respectfully  suggest  that  the 


14 


channel  between  East  Boston  and  the  city  proper  is,  in  their  opinion,  to 
be  treated  with  great  care  and  caution ; that  it  should  not  be  unnecessarily 
narrowed.” 


Extract  from  a Report  of  the  Committee  on  Mercantile  Affairs  and  Insu- 
rance. 

Senate  Document,  No.  63,  1847. 

“ The  Commissioners  appointed  in  pursuance  of  a resolve  passed  at  the 
last  session,  respecting  the  flats  in  front  of  South  Boston,  have  obtained  a 
new  and  very  valuable  chart  of  the  inner  harbor,  prepared  the  last  year  by 
the  officers  and  engineers  of  the  United  States  employed  upon  the  coast  ; 
survey.  This  chart,  which  was  procured  by  making  a moderate  contri- 
bution towards  the  cost  of  it,  shows  that  from  Castle  Island  upward  there 
is  as  great  depth  of  water  in  the  channel  as  there  was  at  the  time  of  the 
survey  made  in  1761 — thus  relieving  serious  apprehensions  that  had 
been  entertained  on  that  subject,  and  enabling  the  legislature  to  decide  un- 
derstandingly  on  some  questions  that  involve  important  rights.” 


